AVONDALE
City
Of Avondale Public Notice
ORDINANCE NO. 1635-917
AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE, ARIZONA (1) PROVIDING FOR THE SALE AND ISSUANCE OF CITY OF AVONDALE, ARIZONA GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017 AND SUPPLEMENTAL INTEREST CERTIFICATES WITH RESPECT THERETO AND FOR THE ANNUAL LEVY OF A TAX FOR THE PAYMENT OF THE SERIES 2017 BONDS AND SUCH CERTIFICATES; (2) PRESCRIBING CERTAIN TERMS AND CONDITIONS OF THE SERIES 2017 BONDS AND SUCH CERTIFICATES INCLUDING THE DELEGATION TO THE MAYOR, THE CITY MANAGER AND THE FINANCE AND BUDGET DIRECTOR OF THE CITY THE AUTHORITY TO DESIGNATE THE FINAL PRINCIPAL AND PAYMENT AMOUNTS, MATURITIES AND PAYMENT DATES, INTEREST RATES AND YIELDS AND OTHER MATTERS WITH
RESPECT TO THE SERIES 2017 BONDS AND SUCH CERTIFICATES AND WITH RESPECT TO SUCH BONDS TO BE REFUNDED WITH THE PROCEEDS OF THE SALE OF THE SERIES 2017 BONDS AND SUCH CERTIFICATES; (3) MAKING CERTAIN FINDINGS, CERTIFICATIONS AND COVENANTS WITH RESPECT TO THE SERIES 2017 BONDS AND SUCH CERTIFICATES; (4) DELEGATING TO THE MAYOR, THE CITY MANAGER AND THE FINANCE AND BUDGET DIRECTOR OF THE CITY THE AUTHORITY TO APPOINT A BOND REGISTRAR AND PAYING AGENT WITH RESPECT TO THE SERIES 2017 BONDS AND SUCH CERTIFICATES, APPROVING A FORM OF BOND REGISTRAR AND PAYING AGENT AGREEMENT WITH SUCH BOND REGISTRAR AND PAYING AGENT AND AN AGREEMENT WITH A SECURITIES DEPOSITORY AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH AGREEMENTS; (5) DELEGATING TO THE MAYOR, THE CITY MANAGER AND THE FINANCE AND BUDGET DIRECTOR OF THE CITY THE AUTHORITY TO ACCEPT A PROPOSAL FOR THE PURCHASE OF THE SERIES 2017 BONDS AND SUCH CERTIFICATES, APPROVING A FORM OF BOND AND CERTIFICATE PURCHASE
AGREEMENT WITH RESPECT TO SUCH PROPOSAL AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH AGREEMENT; (6) DELEGATING TO THE MAYOR, THE CITY MANAGER AND THE FINANCE AND BUDGET DIRECTOR OF THE CITY THE AUTHORITY TO APPOINT AN ESCROW TRUSTEE, APPROVING A FORM OF ESCROW TRUST AGREEMENT FOR THE SAFE KEEPING AND HANDLING OF SECURITIES AND MONEY TO BE USED TO PAY SUCH BONDS BEING REFUNDED AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH AGREEMENT; (7) RATIFYING ALL ACTIONS TAKEN WITH RESPECT TO THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT INCLUDING THE DELEGATION TO THE MAYOR, THE CITY MANAGER AND THE FINANCE AND BUDGET DIRECTOR OF THE CITY THE AUTHORITY TO APPROVE THE FORM THEREOF AND TO DEEM THE SAME FINAL; (8) APPROVING A FORM OF AN OFFICIAL STATEMENT, AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OFFICIAL STATEMENT AND AUTHORIZING DISTRIBUTION OF SUCH OFFICIAL STATEMENT;(9) APPROVING
A FORM OF A CONTINUING DISCLOSURE UNDERTAKING PERTAINING TO PROVIDING CERTAIN FUTURE INFORMATION WITH RESPECT TO THE SERIES 2017 BONDS AND SUCH CERTIFICATES AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH UNDERTAKING; (10) RATIFYING ALL ACTIONS TAKEN TO FURTHER THIS ORDINANCE AND (11) DECLARING AN EMERGENCY WHEREAS, the Mayor and Council of the City of Avondale, Arizona (hereinafter referred to as the “City”), has determined that it is necessary, advisable and expedient to refund certain general obligation and/or general obligation refunding bonds of the City (hereinafter referred to as, collectively, the “Bonds Being Refunded”) and that the issuance of certain refunding bonds (hereinafter referred to as the “Refunding Bonds”) and certain supplemental interest certificates with respect thereto (hereinafter referred to as the “Supplemental Interest Certificates”) by the City and the application of the net proceeds thereof to pay at maturity or earlier redemption the Bonds Being Refunded are necessary and advisable and in the best interests of the City and shall result in a present value debt service savings, net of all costs associated with the Refunding Bonds and the Supplemental Interest Certificates, as a
percentage of the Bonds Being Refunded, of not less than three percent; and WHEREAS, the total aggregate of taxes levied to pay principal of and interest on the Refunding Bonds and the Supplemental Interest Certificates in the aggregate shall not exceed the total aggregate principal and interest to become due on the Bonds Being Refunded from the date of issuance of the Refunding Bonds and the Supplemental Interest Certificates to the final date of maturity of the Bonds Being Refunded, and the weighted average maturity of the Refunding Bonds is at least seventy-five percent of the weighted average maturity of the Bonds Being Refunded; and
WHEREAS, the Mayor and Council of the City (hereinafter referred to as the “Council”) will receive a proposal from Stone & Youngberg LLC (hereinafter referred to as the “Underwriter”) and has determined that the Refunding Bonds and the Supplemental Interest Certificates should be sold through negotiation to the Underwriter.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVONDALE, ARIZONA as follows:
SECTION 1. Authorization and Terms.
(a) (1) The Refunding Bonds are hereby authorized to be issued and sold as a series of bonds of the City to be designated “City of Avondale, Arizona General Obligation Refunding Bonds, Series 2017” (hereinafter referred to as the “Bonds”) in accordance with this Ordinance and applicable law.
(2) The Supplemental Interest Certificates are hereby authorized to be issued and sold with respect to, and evidence certain supplemental interest to be borne by, the Bonds (hereinafter referred to as the “Certificates”), the interest evidenced by the Bonds as issued being designated as “A” interest and the interest evidenced by the Certificates as issued being designated as “B” interest, in accordance with this Ordinance and applicable law.
(3) Unless specified or unless the context otherwise requires, all references herein to “interest on the Bonds” shall be deemed to include interest designated as both “A” and “B” interest on the Bonds, the interest designated as “B” interest being evidenced by the Certificates.
(b) The Mayor, the City Manager or the Finance and Budget Director of the City or the designees of any of them (collectively, the “Authorized Representatives”) are hereby authorized and directed to determine on behalf of the City: (1) the total principal amount of the Bonds and the total payment amount of the Certificates; (2) the final principal and maturity schedule of the Bonds; (3) the interest accrual periods and the payment amounts and dates of the Certificates; (4) the interest rates with respect to the Bonds
and the dates for payment of such interest (hereinafter referred to as the “Interest Payment Dates”); (5) the series designation, maturity dates, principal amounts to be redeemed and redemption dates of the Bonds Being Refunded; (6) the provisions for redemption in advance of maturity of the Bonds; (7) the sales date, sales price and other sales terms of the Bonds and the Certificates (including provision for any discount) and (8) the provision for credit enhancement, if any, for the Bonds and the Certificates upon the advice of the Underwriter; provided, however, that the determinations must result in a present value debt service saving, net of all costs associated with the Bonds and the Certificates, of not less than three percent.
(c) (1) The Bonds shall be dated the date of their initial authentication and delivery and issued in the denomination of $5,000 of principal amount each or integral multiples thereof and only in fully registered form.
(2) The principal of and premium, if any, on the Bonds shall be payable at maturity or prior redemption upon presentation and surrender thereof at the designated corporate trust of the “Bond Registrar and Paying Agent” (as such term is hereinafter defined).
(3) Interest on the Bonds designated as “A” interest shall be payable by check, dated as of the Interest Payment Date, mailed to the registered owners thereof and at the addresses appearing on the registration books maintained by the Bond Registrar and Paying Agent at the close of business on the fifteenth (15th) day of the month next preceding that Interest Payment Date (hereinafter referred to as the “Regular Record Date”). Any such interest on a Bond which is not timely paid or duly provided for shall cease to be payable to the registered owner thereof (or of one or more predecessor Bonds) as of the Regular Record Date and shall be payable to the registered owner thereof (or of one or more predecessor Bonds) at the close of business on a special record date for the payment of that overdue interest. The special record date shall be fixed by the Bond Registrar and Paying Agent whenever moneys become available for payment of the overdue interest, and notice of the special record date shall be given to the registered owners of Bonds not less than ten (10) days prior thereto.
(4) The principal of and premium, if any, and interest on the Bonds shall be payable in lawful money of the United States of America.
(d) (1) The interest designated as “B” interest with respect to the Bonds shall be evidenced by the Certificates which shall be owned, transferred and presented for payment separately from the Bonds and shall evidence that portion of interest designated as “B” interest on the Bonds coming due for the interest accrual periods which the registered owners thereof are entitled to
receive.
(2) The Certificates shall be dated their date of initial authentication and delivery.
(3) The Certificates shall be issued in the denomination of $1,000 of interest designated as “B” interest due on a particular “B” Interest Payment Date or integral multiples thereof and only in fully registered form.
(4) The interest designated as “B” interest evidenced by the Certificates shall be payable in lawful money of the United States of America to the registered owner of each Certificate, upon presentation and surrender thereof at the principal corporate trust office in Phoenix, Arizona, of the Bond Registrar and Paying Agent.
(5) The Certificates shall not be subject to prepayment prior to their stated payment date.
SECTION 2. Prior Redemption of the Bonds.
(a) Notice of redemption of any Bond shall be mailed by first class mail, postage prepaid, not more than forty-five (45) nor less than thirty (30) days prior to the date set for redemption to the registered owner of the Bond or Bonds being redeemed at the address shown on the registration books for the Bonds maintained by the Bond Registrar and Paying Agent. Failure to properly give such notice of redemption shall not affect the redemption of any Bond for which notice was properly given.
(b) On the date designated for redemption by notice given as herein provided, the Bonds or portions thereof to be redeemed shall become and be due and payable at the redemption price for such Bonds or such portions thereof on such date, and, if moneys for payment of the redemption price are held in separate accounts by the Bond Registrar and Paying Agent, interest on such Bonds or such portions thereof shall cease to accrue, such Bonds or such portions thereof shall cease to be entitled to any benefit or security hereunder, the registered owners of such Bonds or such portions thereof shall have no rights in respect thereof except to receive payment of the redemption price thereof and accrued interest thereon and such Bonds or such portions thereof shall be deemed paid and no longer outstanding.
(c) The City may redeem any amount which is included in a Bond in the denomination in excess of, but divisible by, $5,000. In that event, the registered owner shall submit the Bond for partial redemption and the Bond Registrar and Paying Agent shall make such partial payment and shall cause to be issued a new Bond in a principal amount which reflects the redemption so made, to be authenticated and delivered to the registered owner thereof.
SECTION 3. Security.
(a) For the purpose of paying the principal of, interest on (including that evidenced by the Certificates) and costs of administration of the registration and payment of the Bonds and the Certificates, there shall be
levied on all the taxable property in the City a continuing, direct, annual, ad valorem tax sufficient to pay all such principal, interest and administration costs of and on the Bonds and the Certificates as the same become due, such taxes to be levied, assessed and collected at the same time and in the same manner as other taxes are levied, assessed and collected; provided, however, that the total aggregate of taxes levied to pay principal and interest on the Bonds (including that evidenced by the Certificates) in the aggregate shall not exceed the total aggregate principal and interest to become due on the Bonds Being Refunded from the date of issuance of the Bonds to the final date of maturity of the Bonds Being Refunded. Subject to such limitation, taxes in an amount sufficient to pay the interest on all of the Bonds (including that evidenced by the Certificates) then outstanding, the installments of the principal thereof becoming due and payable in the ensuing year and the annual portion of such sinking fund as may be set up for retirement thereof shall be levied, assessed and collected as other taxes of the City. The tax shall be extended and collected for the City, and the officials of the City and Maricopa County, Arizona, charged with the annual extension and collection of taxes, without further instructions from the Council, shall extend and collect the tax upon issuance of the Bonds. All moneys collected through such tax shall be paid into the treasury of the City, to the credit of the “Refunding Series 2017 Bond Fund” of the City, from which fund the Bonds and the Certificates shall be payable, which tax moneys shall be held in subfunds to be known as the “Interest Fund” and the “Redemption Fund,” which funds shall be kept separate and apart from and not commingled with any other funds or moneys and which shall be used solely for, respectively, payment of interest (including that evidenced by the Certificates) on and principal of, and premium, if any, on the Bonds.
(b) As provided in Section 5(a) hereof, the net proceeds of the sale of the Bonds shall be held in cash and invested in obligations issued by or guaranteed by the United States government (hereinafter referred to as the “Government Obligations”), which mature with interest so as to provide funds to pay at maturity or upon earlier redemption the Bonds Being Refunded together with interest thereon and redemption premiums, if any, and such cash and proceeds of the Government Obligations shall, and other funds legally available for such purposes may, be deposited in respective principal and interest redemption funds and shall be held in trust (hereinafter referred to as the “Trust”) for the payment of the Bonds Being Refunded with interest and redemption premiums, if any, at maturity or upon redemption. The owners of the Bonds and the Certificates
shall rely upon the sufficiency of the cash or proceeds of the Government Obligations held in the Trust for the payment of the Bonds Being Refunded. The issuance of the Bonds and the Certificates shall in no way infringe upon the rights of the owners of the Bonds Being Refunded to rely upon a tax levy for the payment of principal of and interest on the Bonds Being Refunded if the investments in such redemption funds prove insufficient.
(c) Any bond of the series of the Bonds or portion thereof in authorized denominations shall be deemed paid and defeased and thereafter shall have no claim on ad valorem taxes levied on taxable property in the City (1) if there is deposited with a bank or comparable financial institution, in trust, moneys or obligations issued by or guaranteed by the United States government (“Defeasance Obligations”) or both which, with the maturing principal of and interest on such Defeasance Obligations, if any, will be sufficient, as evidenced by a certificate or report of an accountant, to pay the principal of and interest and any premium on such bond or portion thereof as the same matures, comes due or becomes payable upon prior redemption and (2) if such defeased bond or portion thereof is to be redeemed, notice of such redemption has been given in accordance with provisions hereof or the City has submitted to the Bond Registrar and Paying Agent instructions expressed to be irrevocable as to the date upon which such bond or portion thereof is to be redeemed and as to the giving of notice of such redemption. Bonds the payment of which has been provided for in accordance with this Ordinance shall no longer be deemed payable or outstanding hereunder and thereafter such bonds shall be entitled to payment only from the moneys or Defeasance Obligations deposited to provide for the payment of such bonds.
SECTION 4. Escrow Trust Agreement; Redemption of Refunded Bonds.
(a) If determined to be necessary by the Authorized Representatives, an irrevocable escrow trust agreement with a national banking association authorized to do trust business in the State of Arizona appointed by the Authorized Representative of the City (hereinafter referred to as the “Escrow Trust Agreement”) with respect to the safekeeping and handling of moneys and the Government Obligations to be held in the Trust for the payment of the Bonds Being Refunded in a standard form, with such additions, deletions and modifications as shall be approved by the Mayor or, in the absence thereof, Vice Mayor of the City, is hereby approved, and the Mayor or, in the absence thereof, Vice Mayor of the City is hereby authorized to execute, and the Clerk of the City is hereby authorized to attest and deliver, the Escrow Trust Agreement, the execution by the Mayor or, in the absence thereof, Vice Mayor of
the City constituting conclusive evidence of the approval of such officer of any departures from the form submitted to the Council at the time of adoption of this Ordinance.
(b) The Council hereby orders that the Bonds Being Refunded be redeemed on their respective redemption dates as determined as described in Section 1(b). All actions to refund the Bonds Being Refunded whether taken before or after adoption of this Ordinance are ratified and confirmed and approved, respectively.
SECTION 5. Use of Proceeds.
(a) Upon the delivery of and payment for the Bonds and the Certificates in accordance with the terms of their sale, the net proceeds of the sale of the Bonds, together with any premium paid by the purchaser for the Bonds after payment of the costs and expenses of their issuance including from proceeds of the sale of the Certificates, shall be applied, along with the moneys to be transferred from the interest and redemption funds for the Bonds Being Refunded over and above amounts needed to make payments on the Bonds Being Refunded on or before the first day of the fiscal year next preceding, to create the Trust, specifically, if determined to be necessary, pursuant to the Escrow Trust Agreement. The Trust shall be an irrevocable trust for the benefit of the owners of the Bonds and the Certificates. As provided in Section 3(b) hereof, amounts credited to the Trust, other than any beginning cash balance, shall be held in cash and invested immediately in the Government Obligations, the maturing principal of and interest on which, together with any beginning cash balance, are to be sufficient to pay the principal of and premium, if any, and interest on the Bonds Being Refunded as the same become due.
(b) Any balance of the net proceeds of the Bonds remaining after creation of the Trust and paying the costs of issuance of the Bonds and the Certificates shall be transferred to the Refunding Series 2017 Bond Fund for payment of the Bonds and the Certificates.
SECTION 6. Form of Bonds and Certificates.
(a) Pursuant to Section 35-491, Arizona Revised Statutes, as amended, a fully registered bond form and certificate form are adopted as an alternative to the form of bond provided in Section 15-1023, Arizona Revised Statutes, as amended. The Bonds (including the form of certificate of authentication and form of assignment therefor) shall be in substantially the form set forth in Exhibit A attached hereto. The Certificates (including the form of certificate of authentication and form of assignment therefor) shall be in substantially the form set forth in Exhibit B attached hereto. There may be such necessary and appropriate omissions, insertions and variations as are
permitted or required hereby and are approved by those officers executing the Bonds and the Certificates in such form. Execution thereof by such officers shall constitute conclusive evidence of such approval.
(b) The Bonds and the Certificates may have notations, legends or endorsements required by law, securities exchange rule or usage. Each Bond and each Certificate shall show both the date of the issue and the date of authentication and registration of each Bond and each Certificate.
(c) The Bonds and the Certificates are prohibited from being converted to coupon or bearer bonds or certificates, respectively, without the consent of the Council and approval of Bond Counsel to the City.
SECTION 7. Execution and Delivery of Bonds and the Certificates and Other Documents.
(a) (1) The Bonds and the Certificates shall be executed for and on behalf of the City by the Mayor of the City, countersigned by the Treasurer of the City and attested by the Clerk of the City. (The Finance and Budget Director of the City shall be such Treasurer for all purposes of this Ordinance.) Any or all of such signatures may be by mechanical reproduction. Such officers shall manually sign certificates adopting as and for such signatures on the Bonds and the Certificates the respective mechanically reproduced signatures affixed to the Bonds and the Certificates.
(2) If an officer whose signature is on a Bond or a Certificate no longer holds that office at the time such Bond or such Certificate is authenticated and registered, the Bond or the Certificate, as the case may be, shall nevertheless be valid so long as such Bond or such Certificate would otherwise be valid and binding
(3) A Bond or a Certificate shall not be valid or binding until authenticated by the manual signature of an authorized representative of the Bond Registrar and Paying Agent. The signature of the authorized representative of the Bond Registrar and Paying Agent shall be conclusive evidence that the Bond or the Certificate, as the case may be, has been authenticated and issued under this Ordinance.
(b) The Mayor or, in the absence thereof, Vice Mayor of the City is hereby authorized to approve and execute, and the Clerk of the City is hereby authorized to attest and deliver, the documents and agreements referred to herein calling for such execution and delivery, including particularly the Escrow Trust Agreement and the hereinafter defined Bond Registrar and Paying Agent Agreement, Purchase Agreement and Undertaking.
(c) The Mayor or, in the absence thereof, Vice Mayor of the City is also hereby authorized and directed to execute, and the Clerk of the City is also hereby
authorized and directed to attest and deliver, a standard form of letter of representations with The Depository Trust Company with respect to the matters provided in Section 11(g) hereof.
SECTION 8. Mutilated, Lost or Destroyed Bonds or Certificates.
In case any Bond or any Certificate becomes mutilated or destroyed or lost, the City shall cause to be executed and delivered a new Bond or a new Certificate, as the case may be, of like type, date, maturity or payment date and tenor in exchange and substitution for and upon the cancellation of such mutilated Bond or mutilated Certificate, as the case may be, or in lieu of and in substitution for such Bond or such Certificate, as the case may be, destroyed or lost, upon the registered owner paying the reasonable expenses and charges of the City in connection therewith and, in the case of a Bond or a Certificate, as the case may be, destroyed or lost, filing with the Bond Registrar and Paying Agent by the registered owner evidence satisfactory to the Bond Registrar and Paying Agent that such Bond or such Certificate, as the case may be, was destroyed or lost, and furnishing the Bond Registrar and Paying Agent with a sufficient indemnity bond pursuant to Section 47-8405, Arizona Revised Statutes, as amended.
SECTION 9. Acceptance of Proposal.
(a) Subject to the discretion delegated by Section 1(b) hereof, the Authorized Representatives are hereby authorized to accept a proposal of the Underwriter for the purchase of the Bonds and the Certificates which satisfies the terms and conditions of this Ordinance on behalf of the Council, and the Bonds and the Certificates are hereby ordered to be sold to the Underwriter in accordance with the terms of the Bond and Certificate Purchase Agreement presented to the Council at the meeting at which this Ordinance was adopted (hereinafter referred to as the “Purchase Agreement”) and which is hereby approved. The Mayor and the Manager of the City are hereby authorized to execute, and the Clerk of the City is hereby authorized to attest and deliver, the Purchase Agreement, for and on behalf of the Council, in substantially the form submitted to the Council at the meeting at which this Ordinance was adopted and in a final form satisfactory to the Mayor or the Manager of the City, and such execution and delivery by the Mayor or the Manager of the City shall indicate the approval thereof on behalf of the Council by the Mayor or the Manager of the City.
(b) The Finance and Budget Director of the City is hereby requested to cause the Bonds and the Certificates to be delivered to the Underwriter upon receipt of payment therefor and satisfaction of the other conditions for delivery thereof in accordance with the terms of the
sale provided in the Purchase Agreement.
SECTION 10. Official Statement and Continuing Disclosure.
(a) (1) The preparation, distribution and use of the Preliminary Official Statement relating to the Bonds and the Certificates in substantially the form presented to the Council at the meeting at which this Ordinance was adopted is in all respects hereby approved, and the Authorized Representatives are hereby authorized to certify or otherwise represent that the Preliminary Official Statement, in original or revised form, is a “deemed final” official statement (except for permitted omissions) of the City as of particular date for purposes of Rule 15(c)2-12 of Securities and Exchange Commission.
(2) The Underwriter is authorized to prepare or cause to be prepared, and the Authorized Representatives are authorized and directed to approve, on behalf of the Council, and to execute and deliver, a final Official Statement in substantially the form of the Preliminary Official Statement, modified to reflect matters related to the sale of the Bonds and the Certificates, for distribution and use in connection with the offering and sale of the Bonds and the Certificates. The execution and delivery of such final Official Statement by the Mayor or, in the absence thereof, Vice Mayor of the City shall be conclusively deemed to evidence the approval of the status, form and contents thereof by the Council.
(b) Subject to annual appropriation to cover the costs of preparing and mailing as necessary therefor, the City shall comply with and carry out all the provisions of a Continuing Disclosure Undertaking, to be dated the date of issuance of the Bonds and the Certificates (hereinafter referred to as the “Undertaking”) with respect to the Bonds and the Certificates which the Mayor or, in the absence thereof, Vice Mayor of the City is hereby authorized, for and on behalf of the Council, to execute, and the Clerk of the City is hereby authorized to attest and deliver, in substantially the form submitted to the Council at the meeting at which this Ordinance was adopted, with such additions, deletions and modifications as shall be approved by the Mayor or, in the absence thereof, Vice Mayor of the City, and such execution and delivery shall constitute evidence of the approval of such officer of any departures from the form submitted to the Council at the time of adoption of this Ordinance. Notwithstanding any other provision of this Ordinance, failure of the City (if obligated pursuant to the Undertaking) to comply with the Undertaking shall not be considered an event of default; however, any Beneficial Owner (as such term is hereinafter defined) may take such actions as may be necessary and appropriate, including seeking specific performance by
court order, to cause the City to comply with its obligations under this Section. For purposes of this Section, “Beneficial Owner” means any person who (1) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds or Certificates (including persons holding Bonds or Certificates through nominees, depositories or other intermediaries), or (2) is treated as the owner of any Bonds or Certificates for federal income tax purposes.
SECTION 11. Bond Registrar and Paying Agent.
(a) The Authorized Representatives are hereby authorized to appoint the initial authenticating agent, bond registrar, transfer agent and paying agent with respect to the Bonds and the Certificates (hereinafter referred to as the “Bond Registrar and Paying Agent”), and a standard form contract therewith covering such services, with such additions, deletions and modifications as shall be approved by the Mayor or, in the absence thereof, Vice Mayor of the City, is hereby approved, and the Mayor or, in the absence thereof, Vice Mayor of the City is hereby authorized to execute, and the Clerk of the City is hereby authorized to attest and deliver, such contract, the execution by the Mayor or, in the absence thereof, Vice Mayor of the City constituting conclusive evidence of the approval of such officer of any departures from the form submitted to the Council at the time of adoption of this Ordinance. The Bond Registrar and Paying Agent shall maintain the books of the City for the registration of ownership of each Bond and each Certificate.
(b) A Bond or a Certificate may be transferred on the registration books upon delivery and surrender of the Bond or the Certificate, as the case may be, to the Bond Registrar and Paying Agent at its designated corporate trust office, accompanied by a written instrument of transfer in form and with guaranty of signature satisfactory to the Bond Registrar and Paying Agent, duly executed by the registered owner of the Bond or the Certificate, as the case may be, to be transferred or the attorney-in-fact or legal representative thereof, containing written instructions as to the details of the transfer of such Bond or such Certificate, as the case may be. No transfer of any Bond or any Certificate shall be effective until entered on the registration books.
(c) In all cases upon the transfer of a Bond, the Bond Registrar and Paying Agent shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of the same type and of the authorized denominations (except that no Bond shall be issued which relates to more than a single principal maturity) for the aggregate principal amount which the registered owner is
entitled to receive at the earliest practicable time in accordance with the provisions of this Section.
(d) In all cases upon the transfer of a Certificate, the Bond Registrar and Paying Agent shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Certificate or Certificates of the authorized denominations and of the same payment date for the aggregate amount of interest designated as “B” interest which the registered owner is entitled to receive at the earliest practicable time in accordance with the provisions of this Section.
(e) All costs and expenses of initial registration and payment of the Bonds shall be borne by the City, but the City and the Bond Registrar and Paying Agent shall charge the registered owner of such Bond or such Certificate, as the case may be, for every subsequent transfer of a Bond or a Certificate, as the case may be, including an amount sufficient to reimburse them for any transfer fee, tax or other governmental charge required to be paid with respect to such transfer and may require that such charge including for such transfer fee, tax or other governmental charge be paid before any such new Bond or such new Certificate, as the case may be, shall be delivered.
(f) The City and the Bond Registrar and Paying Agent shall not be required to issue or transfer any Bonds during a period beginning with the opening of business on any Regular Record Date and ending with the close of business on the corresponding Interest Payment Date.
(g) The Bonds and the Certificates shall be subject to a Book-Entry System (as that term is hereinafter defined) of ownership and transfer, except as provided in subsection (3) of this subsection. The general provisions for effecting the Book-Entry System are as follows:
(1) The City hereby designates The Depository Trust Company, New York, New York, as the initial Depository (as that term is hereinafter defined) hereunder.
(2) Notwithstanding the provisions of this Section or of the Bonds or the Certificates to the contrary and so long as the Bonds and the Certificates are subject to a Book-Entry System, the Bonds and the Certificates shall initially be evidenced by one typewritten certificate for each maturity or payment date, respectively, in an amount equal to the aggregate principal or payment amount thereof, respectively. The Bonds and the Certificates so initially delivered shall be registered in the name of “Cede & Co.” as nominee for The Depository Trust Company. The Bonds and the Certificates may not thereafter be transferred or exchanged on the registration books of the City maintained by the Bond Registrar and Paying Agent except:
(i) to any successor Depository designated pursuant
to subsection (3) of this subsection; (ii) to any successor nominee designated by a Depository; or (iii) if the City shall elect to discontinue the Book-Entry System pursuant to subsection (3) of this subsection, the City shall cause the Bond Registrar and Paying Agent to authenticate and deliver replacement Bonds or Certificates in fully registered form in authorized denominations in the names of the Beneficial Owners (as such term is hereinafter defined) or their nominees, as certified by the Depository, at the expense of the City; thereafter the other applicable provisions of this Ordinance regarding registration, transfer and exchange of the Bonds and the Certificates shall apply.
(3) The Bond Registrar and Paying Agent, pursuant to a request from the City for the removal or replacement of the Depository, and upon thirty (30) days’ notice to the Depository, may remove or replace the Depository. The Bond Registrar and Paying Agent shall remove or replace the Depository at any time pursuant to the request of the City. The Depository may determine not to continue to act as Depository for the Bonds and the Certificates upon thirty (30) days written notice to the City and the Bond Registrar and Paying Agent. If the use of the Book-Entry System is discontinued, then after the Bond Registrar and Paying Agent has made provision for notification of the Beneficial Owners of their book entry interests in the Bonds and the Certificates by appropriate notice to the then Depository, the City and the Bond Registrar and Paying Agent shall permit withdrawal of the Bonds and the Certificates from the Depository and authenticate and deliver the Bond certificates and the Certificate certificates in fully registered form and in denominations authorized by this Section to the assignees of the Depository or its nominee. Such withdrawal, authentication and delivery shall be at the cost and expense (including costs of printing or otherwise preparing, and delivering, such replacement Bond certificates and Certificate certificates) of the City.
(4) So long as the Book-Entry System is used for the Bonds and the Certificates, the City and the Bond Registrar and Paying Agent shall give any notice of redemption or any other notices required to be given to registered owners of Bonds or Certificates only to the Depository or its nominee registered as the owner thereof. Any failure of the Depository to advise any of its participants, or of any participant to notify the Beneficial Owner, of any such notice and its content or effect shall not affect the validity of the redemption of the Bonds or the Certificates to be redeemed or of any other action premised on such notice. Neither the City nor the Bond Registrar and Paying Agent shall be responsible or liable for the failure of the Depository or any participant
thereof to make any payment or give any notice to a Beneficial Owner in respect of the Bonds or the Certificates or any error or delay relating thereto.
(5) Notwithstanding any other provision of this Section or Section 2(b) hereof or of the Bonds to the contrary, so long as the Bonds are subject to a Book-Entry System, it shall not be necessary for the registered owner to present the applicable Bond for payment of mandatory redemption installments, if any. The mandatory redemption installments may be noted on books kept by the Bond Registrar and Paying Agent and the Depository for such purpose, and the Bonds shall be tendered to the Bond Registrar and Paying Agent at their maturity.
(6) For purposes of this Section, “Beneficial Owners” shall mean actual purchasers of the Bonds and the Certificates whose ownership interest is evidenced only in the BookEntry System maintained by the Depository; “Book-Entry System” shall mean a system for clearing and settlement of securities transactions among participants of a Depository (and other parties having custodial relationships with such participants) through electronic or manual bookentry changes in accounts of such participants maintained by the Depository hereunder for recording ownership of the Bonds and the Certificates by Beneficial Owners and transfers of ownership interests in the Bonds and the Certificates and “Depository” shall mean The Depository Trust Company, New York, New York or any successor depository designated pursuant to this Section.
SECTION 12. Ordinance a Contract.
This Ordinance shall constitute a contract between the City and the registered owners of the Bonds and the Certificates and shall not be repealed or amended in any manner which would impair, impede or lessen the rights of the registered owners of the Bonds or the Certificates then outstanding.
SECTION 13. General Federal Tax Law Covenants.
(a) The City shall not make or direct the making of any investment or other use of the proceeds of any Bonds or Certificates which would cause such Bonds or Certificates to be “arbitrage bonds” as that term is defined in Section 148 (or any successor provision thereto) of the Internal Revenue Code of 1986, as amended (the “Code”), or “private activity bonds” as that term is defined in Section 141 (or any successor provision thereto) of the Code, and shall comply with the requirements of the Code sections and related regulations throughout the term of the Bonds and the Certificates. (Particularly, the City shall be the owner of the facilities refinanced with the proceeds of the sale of the Bonds (the “Facilities”) for federal income tax purposes. Except as otherwise advised in a Bond Counsel’s Opinion (as such term is defined in the
next Section), the City shall not enter into (1) any management or service contract with any entity other than a governmental entity for the operation of any portion of the Facilities unless the management or service contract complies with the requirements of Revenue Procedure 97-13 or such other authority as may control at the time, or (2) any lease or other arrangement with any entity other than a governmental entity that gives such entity special legal entitlements with respect to any portion of the Facilities. Also, the payment of principal and interest with respect to the Bonds (including that with respect to the Certificates) shall not be guaranteed (in whole or in part) by the United States or any agency or instrumentality of the United States. The proceeds of the Bonds, or amounts treated as proceeds of the Bonds, shall not be invested (directly or indirectly) in federally insured deposits or accounts, except to the extent such proceeds (1) may be so invested for an initial temporary period until needed for the purpose for which the Bonds are being issued, (2) may be so used in making investments of a bona fide debt service fund or (3) may be invested in obligations issued by the United States Treasury.) In consideration of the purchase and acceptance of the Bonds and the Certificates by such holders from time to time and of retaining such exclusion and as authorized by Title 35, Chapter 3, Article 7, Arizona Revised Statutes, as amended, the Council covenants, and the appropriate officials of the City are hereby directed, to take all action required or to refrain from taking any action prohibited by the Code which would adversely affect in any respect such exclusion.
(b) The procedures and covenants contained in any arbitrage rebate provision or separate agreement executed in connection with the issuance of the Bonds and the Certificates (initially Section 14 hereof) shall be complied with for so long as compliance is necessary in order to maintain the exclusion from gross income for federal income tax purposes of interest on the Bonds (including that evidenced by the Certificates).
(c) (1) The City shall take all necessary and desirable steps, as determined by the Council, to comply with the requirements hereunder in order to ensure that interest on the Bonds is excluded from gross income for federal income tax purposes under the Code; provided, however, compliance with any such requirement shall not be required in the event the City receives a Bond Counsel’s Opinion that either (i) compliance with such requirement is not required to maintain the exclusion from gross income of interest on the Bonds, or (ii) compliance with some other requirement will meet the requirements of the Code. In the event the City receives such
a Bond Counsel’s Opinion, this Ordinance shall be amended to conform to the requirements set forth in such opinion.
(2) If for any reason any requirement hereunder is not complied with, the Council shall take all necessary and desirable steps, as determined by the City, to correct such noncompliance within a reasonable period of time after such noncompliance is discovered or should have been discovered with the exercise of reasonable diligence and the City shall pay any required interest or penalty under Regulations section 1.148-3(h).
(d) The written procedures of the City to ensure that all nonqualified obligations are remediated according to the requirements under the Code and related Treasury Regulations and to monitor the requirements of section 148 of the Code relating to arbitrage approved by Resolution No. 1611-816, adopted by the Mayor and Council of the City on August 8, 2016, are ratified and confirmed.
SECTION 14. Arbitrage Rebate Covenants.
(a) Terms not otherwise defined in Subsection (b) hereof shall have the meanings given to them in the arbitrage certificate of the City delivered in connection with the issuance of the Bonds and the Certificates.
(b) The following terms shall have the following meanings:
“Bond Counsel’s Opinion” shall mean an opinion signed by an attorney or firm of attorneys of nationally recognized standing in the field of law relating to municipal bonds selected by the City.
“Bond Year” shall mean each one-year period beginning on the day after the expiration of the preceding Bond Year. The first Bond Year shall begin on the date of issue of the Bonds and shall end on the date selected by the City, provided that the first Bond Year shall not exceed one calendar year. The last Bond Year shall end on the date of retirement of the last Bond.
“Bond Yield” is as indicated in such arbitrage certificate. Bond Yield shall be recomputed if required by Regulations section 1.148-4(b)(4) or 4(h)(3). Bond Yield shall mean the discount rate that produces a present value equal to the Issue Price of all unconditionally payable payments of principal, interest and fees for qualified guarantees within the meaning of Regulations section 1.148-4(f) and amounts reasonably expected to be paid as fees for qualified guarantees in connection with the Bonds as determined under Regula tions section 1.148-4(b). The present value of all such payments shall be computed as of the date of issue of the Bonds and using semiannual compounding on the basis of a 360-day year.
“Code” shall mean the Internal Revenue Code of 1986, as amended, and any successor provisions thereto.
“Gross Proceeds” shall mean: (i) any amounts actually or constructively received by the
City from the sale of the Bonds but excluding amounts used to pay accrued interest on the Bonds within one year of the date of issuance of the Bonds; (ii) transferred proceeds of the Bonds under Regulations section 1.148-9; (iii) any amounts actually or constructively received from investing amounts described in (i), (ii) or this (iii); and
(iv) replacement proceeds of the Bonds within the meaning of Regulations section 1.148-1(c). Replacement proceeds include amounts reasonably expected to be used directly or indirectly to pay debt service on the Bonds, pledged amounts where there is reasonable assurance that such amounts will be available to pay principal or interest on the Bonds in the event the City encounters financial difficulties and other replacement proceeds within the meaning of Regulations section 1.148-1(c)(4). Whether an amount is Gross Proceeds is determined without regard to whether the amount is held in any fund or account.
“Investment Property” shall mean any security, obligation (other than a tax-exempt bond within the meaning of Code section 148(b)(3)(A)), annuity contract or investment-type property within the meaning of Regulations section 1.148-1(b).
“Issue Price” is as indicated in such arbitrage certificate, which is the initial offering price to the public (not including bond houses and brokers, or similar persons or organizations acting in the capacity of underwriters of wholesalers) at which price a substantial amount of the Bonds was sold, less any bond insurance premium and reserve surety bond premium. Issue price shall be determined as provided in Regulations section 1.1481(b).
“Nonpurpose Investment” shall mean any Investment Property acquired with Gross Proceeds, and which is not acquired to carry out the governmental purposes of the Bonds.
“Payment” shall mean any payment within the meaning of Regulations section 1.148-3(d) (1) with respect to a Nonpurpose Investment.
“Rebate Requirement” shall mean at any time the excess of the future value of all Receipts over the future value of all Payments. For purposes of calculating the Rebate Requirement the Bond Yield shall be used to determine the future value of Receipts and Payments in accordance with Regulations section 1.148-3(c). The Rebate Requirement is zero for any Nonpurpose Investment meeting the requirements of a rebate exception under section 148(f) (4) of the Code or Regulations section 1.148-7.
“Receipt” shall mean any receipt within the meaning of Regulations section 1.148-3(d) (2) with respect to a Nonpurpose Investment.
“Regulations” shall mean the sections 1.148-1 through 1.14811 and section 1.150-1 of the
regulations of the United States Department of the Treasury promulgated under the Code, including and any amendments thereto or successor regulations.
(c) Within 60 days after the end of each Bond Year, the City shall cause the Rebate Requirement to be calculated and shall pay to the United States of America:
(1) not later than 60 days after the end of the fifth Bond Year and every fifth Bond Year thereafter, an amount which, when added to the future value of all previous rebate payments with respect to the Bonds (determined as of such Computation Date), is equal to at least 90% of the sum of the Rebate Requirement (determined as of the last day of such Bond Year) plus the future value of all previous rebate payments with respect to the Bonds (determined as of the last day of such Bond Year); and
(2) not later than 60 days after the retirement of the last Bond, an amount equal to 100% of the Rebate Requirement (determined as of the date of retirement of the last Bond).
Each payment required to be made under this Section shall be filed with the Internal Revenue Service Center, Ogden, Utah 84201, on or before the date such payment is due, and shall be accompanied by IRS Form 8038-T.
(d) No Nonpurpose Investment shall be acquired for an amount in excess of its fair market value. No Nonpurpose Investment shall be sold or otherwise disposed of for an amount less than its fair market value.
(e) For purposes of Subsection (d), whether a Nonpurpose Investment has been purchased or sold or disposed of for its fair market value shall be determined as follows:
(1) The fair market value of a Nonpurpose Investment generally shall be the price at which a willing buyer would purchase the Nonpurpose Investment from a willing seller in a bona fide arm’s length transaction. Fair market value shall be determined on the date on which a contract to purchase or sell the Nonpurpose Investment becomes binding.
(2) Except as provided in Subsection (f) or (g), a Nonpurpose Investment that is not of a type traded on an established securities market, within the meaning of Code section 1273, is rebuttably presumed to be acquired or disposed of for a price that is not equal to its fair market value.
(3) If a United States Treasury obligation is acquired directly from or sold or disposed of directly to the United States Treasury, such acquisition or sale or disposition shall be treated as establishing the fair market value of the obligation.
(f) The purchase price of a certificate of deposit that has a fixed interest rate, a fixed payment schedule and a substantial penalty for early withdrawal is considered to be its fair market value if the yield on the certificate of deposit is not less than:
(1) the yield on reasonably comparable direct obligations of the United States; and
(2) the highest yield that is published or posted by the provider to be currently available from the provider on reasonably comparable certificates of deposit offered to the public.
(g) A guaranteed investment contract shall be considered acquired and disposed of for an amount equal to its fair market value if:
(1) A bona fide solicitation in writing for a specified guaranteed investment contract, including all material terms, is timely forwarded to all potential providers. The solicitation must include a statement that the submission of a bid is a representation that the potential provider did not consult with any other potential provider about its bid, that the bid was determined without regard to any other formal or informal agreement that the potential provider has with the City or any other person (whether or not in connection with the Bonds), and that the bid is not being submitted solely as a courtesy to the City or any other person for purposes of satisfying the requirements in the Regulations that the City receive bids from at least one reasonably competitive provider and at least three providers that do not have a material financial interest in the Bonds.
(2) All potential providers have an equal opportunity to bid, with no potential provider having the opportunity to review other bids before providing a bid.
(3) At least three reasonably competitive providers (i.e. having an established industry reputation as a competitive provider of the type of investments being purchased) are solicited for bids. At least three bids must be received from providers that have no material financial interest in the Bonds (e.g., a lead underwriter within 15 days of the issue date of the Bonds or a financial advisor with respect to the investment) and at least one of such three bids must be from a reasonably competitive provider. If the City uses an agent to conduct the bidding, the agent may not bid.
(4) The highest-yielding guaranteed investment contract for which a qualifying bid is made (determined net of broker’s fees) is purchased.
(5) The determination of the terms of the guaranteed investment contract takes into account as a significant factor the reasonably expected deposit and drawdown schedule for the amounts to be invested.
(6) The terms for the guaranteed investment contract are commercially reasonable (i.e. have a legitimate business purpose other than to increase the purchase price or reduce the yield of the guaranteed investment contract).
(7) The provider of the investment contract certifies the administrative costs (as defined in Regulations section 1.1485(e)) that it pays (or expects to pay) to third parties in connection
with the guaranteed investment contract.
(8) The City retains until three years after the last outstanding Bond is retired, (i) a copy of the guaranteed investment contract, (ii) a receipt or other record of the amount actually paid for the guaranteed investment contract, including any administrative costs paid by the City and a copy of the provider’s certification described in (7) above, (iii) the name of the person and entity submitting each bid, the time and date of the bid, and the bid results and (iv) the bid solicitation form and, if the terms of the guaranteed investment contract deviates from the bid solicitation form or a submitted bid is modified, a brief statement explaining the deviation and stating the purpose of the deviation.
(h) The employment of such experts and consultants to make, as necessary, any calculations in respect of rebates to be made to the United States of America in accordance with Section 148(f) of such Code is hereby authorized.
SECTION
15. Severability; Ratification of Actions; Emergency.
(a) If any section, paragraph, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be illegal or unenforceable, such decision will not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted this Ordinance and each and every other section, paragraph, subdivision, sentence, clause or phrase hereof and authorized the issuance of the Bonds pursuant hereto irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses or phrases of this Ordinance may be held illegal, invalid or unenforceable.
(b) All actions of the officers, employees and agents of the City including the Council which conform to the purposes and intent of this Ordinance and which further the issuance and sale of the Bonds and the Certificates as contemplated by this Ordinance, whether taken before or after adoption of this Ordinance, are hereby ratified, confirmed and approved. The proper officers and agents of the City are hereby authorized and directed to do all such acts and things and to execute and deliver all such documents on behalf of the City as may be necessary to carry out the terms and intent of this Ordinance.
(c) The immediate operation of this Ordinance is necessary for the preservation of the public health and welfare, particularly to be able to finance the capital needs of the City on the most advantageous terms presently available, and an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage and approval by the Council of the City of Avondale, Arizona, as required by law, and it is hereby exempt from
the referendum provisions of the Charter of the City and the Constitution and laws of the State of Arizona. PASSED AND ADOPTED by the Council of the City of Avondale, Arizona, September 11, 2017.
Signed copies of the Ordinance and (exhibits) are available at Avondale City Hall, 11465 W. Civic Center Dr., Avondale, AZ 85323.
Published in the West Valley View, and the West Valley Business on October 4, 2017.
City Of Avondale Public Notice
IN ACCORDANCE WITH ORDINANCE # 316, SECTION 3, pertaining to liquor license applications and Publication of Notice, notice is hereby given that the Avondale City Council has received for approval an application for a liquor license within the corporate limits of Avondale, Arizona from:
Michael Joseph Tueros PIR Market
Location: 7602 S Avondale Blvd STE B Avondale, AZ 85323
Series 10 – Beer & Wine Market
Any person who is a resident of Avondale of the age of eighteen (18) years or more, residing, owning or leasing property within one-half mile radius of 7602 S Avondale Blvd STE B, Avondale and who is in favor of, or opposed to the issuance of a Series 10 Beer & Wine license shall, file with the City Clerk of the City of Avondale, a written argument in favor thereof, or objection thereto by October 16, 2017.
Any person interested in said application is hereby notified that the Mayor and City Council will review said application at their Council meeting on October 16, 2017 at 7:00 p.m. at the Council Chambers, 11465 West Civic Center Drive, Avondale.
Published: West Valley View and West Valley Business, September 27 and October 4, 2017 / 8246
City Of Avondale Public Notice
IN ACCORDANCE WITH ORDINANCE # 316, SECTION 3, pertaining to liquor license applications and Publication of Notice, notice is hereby given that the Avondale City Council has received for approval an application for a liquor license within the corporate limits of Avondale, Arizona from:
Juanita Alicia Esparza Palermos Pizza Location: 11107 W Buck-eye Road Avondale, AZ 85323
Series 12 – Restaurant License
Any person who is a resident of Avondale of the age of eighteen (18) years or more, residing, owning or leasing property within one-half mile radius of 11107 W Buckeye Road, Avondale and who is in favor of, or opposed to the issuance of a Series 12
Restaurant license shall, file with the City Clerk of the City of Avondale, a written argument in favor thereof, or objection thereto by October 16, 2017.
Any person interested in said application is hereby notified that the Mayor and City Council will review said application at their Council meeting on October 16, 2017 at 7:00 p.m. at the Council Chambers, 11465 West Civic Center Drive, Avondale.
Published: West Valley View and West Valley Business, September 27 and October 4, 2017 / 8246
City Of Avondale Public Notice
PUBLIC MEETING NOTICE
NEIGHBORHOOD MEETING
October 24, 2017
You are invited to attend a neighborhood meeting to discuss concurrent requests by Jeff Swan for two rezoning applications and a Conditional Use Permit (CUP) concerning 0.46 acres of undeveloped land located at the northwest corner of Central Avenue and Hill Drive. The requests are to rezone the property from Commercial Office (C-O) to the Historic Avondale lnfill Overlay (HAIO) District and to Community Commercial (C2). Also requested is approval of a Conditional Use Permit to allow for a multi-purpose building for a child care center located directly north of the subject property. The requested Historic Avondale Infill Over-lay will allow for greater flexibility in regards to development standards and the requested C-2 zoning will allow the property to have the same zoning as the existing child care center. The City of Avondale application numbers for these proposals are PL-17 -0140, PL17-0 142, and PL-17-0207.
At the meeting, the applicant and/or her representative will be available to answer questions and solicit comments on this request. Please note, this is not a public hearing and no official action will be taken.
The meeting is scheduled for:
Date: Tuesday, October 24, 2017
Time: 6:00PM Place: Avondale City Hall, Sonoran Conference Room (1st Floor) Address: 11465 W. Civic Center Drive, Avondale, AZ 85323
The applicant contact for this project:
Jeff Swan (602) 264-3083. City of Avondale contact for this project:
Michelle Pelishek (623) 3334022
PUBLISHED: West Valley View and West Valley View Business October 4, 2017 / 8425
City Of Avondale Public Notice
IN ACCORDANCE WITH ORDINANCE # 316, SECTION 3, pertaining to liquor license applications and Publication of Notice, notice is hereby given that the Avondale City Council
has received for approval an application for a liquor license within the corporate limits of Avondale, Arizona from: Michael Joseph Tueros Phoenix International Raceway Location: 7602 S Avondale Blvd STE B
Avondale, AZ 85323
Series 06 – Bar License
Any person who is a resident of Avondale of the age of eighteen (18) years or more, residing, owning or leasing property within one-half mile radius of 7602 S Avondale Blvd STE B, Avondale and who is in favor of, or opposed to the issuance of a Series 10 Beer & Wine license shall, file with the City Clerk of the City of Avondale, a written argument in favor thereof, or objection thereto by October 16, 2017.
Any person interested in said application is hereby notified that the Mayor and City Council will review said application at their Council meeting on October 16, 2017 at 7:00 p.m. at the Council Chambers, 11465 West Civic Center Drive, Avondale.
Published: West Valley View and West Valley Business, September 27 and October 4, 2017 / 8246
City Of Avondale Public Notice
IN ACCORDANCE WITH ORDINANCE # 316, SECTION 3, pertaining to liquor license applications and Publication of Notice, notice is hereby given that the Avondale City Council has received for approval an application for a liquor license within the corporate limits of Avondale, Arizona from:
Sargon Sawa Shlita Lighthouse Restaurant & Lounge Location: 12351 W Indian School Road Avondale, AZ 85392
Series 06 – Bar License
Any person who is a resident of Avondale of the age of eighteen (18) years or more, residing, owning or leasing property within one-half mile radius of 12351 W Indian School Rd, Avondale and who is in favor of, or opposed to the issuance of a Series 06 liquor license shall, file with the City Clerk of the City of Avondale, a written argument in favor thereof, or objection thereto by October 16, 2017.
Any person interested in said application is hereby notified that the Mayor and City Council will review said application at their Council meeting on October 16, 2017 at 7:00 p.m. at the Council Chambers, 11465 West Civic Center Drive, Avondale.
Published: West Valley View and West Valley Business, September 27 and October 4, 2017 / 8245
TOLLESON
CITY OF TOLLESON PLANNING AND ZONING COMMISSION
NOTICE IS HEREBY GIVEN that the City of Tolleson Planning and Zoning Commission will conduct a PUBLIC HEARING on TUESDAY, OCTOBER 24, 2017 at 5:00 P.M. at the City of Tolleson City Hall Complex, 9555 West Van Buren Street, Tolleson, AZ 85353 for the purpose of:
Soliciting comments from interested parties in reference to amending the City of Tolleson Zoning Code, Chapter 12, Land Use, Article 12-4-41(B), which would allow medic-al marijuana dispensaries in the City’s Commercial (C-2) Zoning District, and amending the separation requirements set forth in the City of Tolleson Zoning Code, Chapter 12, Land Use, Article 12-4-154(C), which would re-quire a one (1) mile separation from any other medical marijuana dispensary or medical marijuana cultivation location. (Ordinance No. 577 N.S.)
Notice given by Tolleson City Clerk Crystal Zamora on Thursday, September 28, 2017.
Published in the West Valley View and the West Valley Business on Wednesday, October 4, 2017/ 8451
GENERAL
Public Notice
ARTICLES OF ORGANIZATION HAVE BEEN FILED IN THE OFFICE OF THE ARIZONA CORPORATION COMMISSION FOR
1. ENTITY TYPE: LIMITED LIABILITY COMPANY
2. ENTITY NAME: SELLERS HANDYMAN & SECURITY LLC
3. FILE NUMBER: L-22159147
4. STATUTORY AGENT NAME AND ADDRESS: DAVID SELLERS, 4814 N. LITCHFIELD KNOLL E, LITCHFIELD PARK, AZ 85340.
5. ARIZONA KNOWN PLACE OF BUSINESS ADDRESS: 4814 N. LITCHFIELD KNOLL E, LITCHFIELD PARK, AZ 85340.
6. DURATION: Perpetual
7. MANAGEMENT STRUCTURE: MemberManaged
The names and addresses of all Members are: DAVID SELLERS, 4814 N. LITCHFIELD KNOLL E, LITCHFIELD PARK, AZ 85340.
Published in the West Valley View, and the West Valley Business on September 27, October 6, 13, 2017 / 8178
Public Notice
In accordance with Sec. 106 of the Programmatic Agreement, T-Mobile West, LLC proposes to install a new antenna structure at 27360 W. Wagner Complex Drive Buck-eye, Arizona 85396 . Please direct comments to Gavin L. at 818-898-4866 regarding site PH32314B. 9/26, 9/29/17 CNS3053704# WEST VALLEY VIEW/ BUSINESS
Public Notice
BARBARA DODDS 6902 N 185th Ave, Waddell, AZ 85355 Representing Self (Without a Lawyer) IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA Case No. PB2017-071373 NOTICE TO CREDITORS In the Matter of the Estate of PETER VALENTINE PORRELLO, Deceased NOTICE IS HEREBY GIVEN that the undersigned has been appointed as the Personal Representative of this estate. All persons having claims against the estate are required to present their claims within four (4) months after the date of the first publication of this Notice or the claims will be forever barred. Claims must be presented by delivering or mailing a written statement of the claim to undersigned Personal Representative at 6902 N 185TH AVENUE, WADDELL, AZ 85355. DATED this 11th day of SEPTEMBER, 2017 /s/ Barbara Jean Dodds Barbara Jean Dodds PUBLISHED: West Valley View and West Valley Business September 27, October 4, 11 2017 / 8168
Public Notice
Person Filing: ARTHUR JAHR Address: 340 W 32ND ST, Yuma AZ 85364 Telephone: 949-9331635 SUPERIOR COURT OF ARIZONA MARICOPA COUNTY In the Matter of Estate of: Arthur Jahr, adult. Case Number PB 2017-001386
LETTERS OF APPOINTMENT OF PERSONAL REPRESENTATIVE AND ACCEPTANCE OF APPOINTMENT AS PERSONAL REPRESENTATIVE. LETTERS OF PERSONAL REPRESENTATIVE ARTHUR JAHR is appointed as Personal Representative of this Estate without restriction. WITNESS: AUG 17, 2017 Michael Jeanes Clerk of the Superior Court by /s/ A. McLoone A. McLoone
Deputy Clerk ACCEPTANCE OF APPOINTMENT. I accept the duties of Personal Representative of the Estate of the abovenamed person who has died and do solemnly swear or affirm that I will perform the duties as Personal Representative according to law.
DATED: JUL 20, 2017 STATE OF ARIZONA COUNTY OF MARICOPA
Subscribed and sworn to or affirmed before me this: JUL 20, 2017 by Arthur Jahr /s/ J. Ortiz
Deputy Clerk or Notary Public J. Ortiz
PUBLISHED: West Valley View and West Valley Business September 20, 27, October 4, 2017 / 8160
Public Notice
SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY
Case No.: PB2017-002517 In the Matter of the Estate of: Sarah Ann Schwab, an Adult Decedent, NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above estate. All persons having claims against the deceased are required to present their claims within (4) months after the date of the first publication or mailing of this Notice or the claims will be forever barred. Claims must be presented to Mark A. Schwab, 2311 Judy Avenue, Rapid City, SD 57702, as Personal Representative, or filed with the Court.
Dated: September 13, 2017 /s/ Mark A. Schwab
Mark A. Schwab, Personal Representative 2311 Judy Avenue Rapid City, SD 57702
First publication on the 20th day of September, 2017.
PUBLISHED: West Valley View and West Valley Business September 20, 27, Oc-tober 4, 2017 / 8107
Public Notice
STATEMENT OF OWNERSHIP, MANAGEMENT AND CIRCULATION
1. Publication Title: West Valley Business
2. Publication Number: USPS004-616
3. Filing Date: 10-04-2017
4. Issue Frequency: Weekly
5. Number of Issues Published Annually: 52
6. Annual Subscription Price: $28
7. Complete Mailing Address of Known Office of Publication: 250 Litchfield Rd., #130, Goodyear, AZ 85338
Contact Person: Steve Strickbine
Telephone: 623-535-8439
8. Complete Mailing Address of Headquarters or General Business Office of Publisher: 1620 W. Fountainhead Pkwy., Suite 219, Tempe, AZ 85282
9. Full Names and Complete Mailing Addresses of Publisher, Editor and Managing Editor: Publisher: Steve Strickbine, 1620 W. Fountainhead Pkwy., Suite 219, Tempe, AZ 85282
Editor: Christina FuocoKarasinski, 250 Litchfield Rd., #130, Goodyear, AZ 85338
10. Owner: West Valley View, Inc., Steve Strickbine, 250 Litchfield Rd., #130, Goodyear, AZ 85338
11. Known Bondholders, Mortgagees and other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages or Other Securities: None.
12. Tax Status: The purpose function and nonprofit status of this organization and the exempt status for federal income tax purposes: Has changed during the preceding 12 months from a twice a week paper of 104 issues
per year to a weekly paper of 52 issues per year.
13. Publication Title: West Valley Business.
14. Issue Date for Circulation Data: 09-28-2016
15. Extent and Nature of Circulation. Average No. Copies Each Issue During Preceding 12 Months.
a. Total Number of Copies (Net press run) 12
b. Paid Circulation (By Mail and Outside the Mail)
(1) Mailed Outside-County Paid Subscriptions Stated on PS Form 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies) 3
(2) Mailed In-County Paid Subscriptions Stated on PS Form 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies) 7
(3) Paid Distribution Outside the Mails Including Sales Through Dealrers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS® 0
(4) Paid Distribution by Other Classes of Mail Through the USPS (e.g., First Class Mail®) 0
c. Total Paid Distribution (Sum of 15b (1 ), (2), (3), and (4)) 10
d. Free or Nominal Rate
Distribution (By Mail and Outside the Mail)
(1) Free or Nominal Rate
Outside-County Copies included on PS Form 3541 0
(2) Free or Nominal Rate
In-County Copies Included on PS Form 3541 1
(3) Free or Nominal Rate
Copies Mailed at other Classes
Through the USPS (e.g., FirstClass Mail) O
(4) Free or Nominal Rate
Distribution Outside the Mail (Carriers or other means) O
e. Total Free or Nominal Rate
Distribution (Sum of 15d (1 ), (2), (3), and (4)) 1
f. Total Distribution (Sum of 15c and 15e) 10
g. Copies not Distributed (See Instructions to Publishers #4 (page #3)) 2
h. Total (Sum of 151 and g) 12
i. Percent Paid (15c divided by 151 times 100) 90 No. Copies of Single Issue Published Nearest to Filing Date.
a. Total Number of Copies (Net press run) 12
b. Paid Circulation (By Mail and Outside the Mail)
(1) Mailed Outside-County Paid Subscriptions Stated on PS Form 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies) 3
(2) Mailed In-County Paid Stated on PS Form 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies) 7
(3) Paid Distribution Outside the Mails Including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS® 0
(4)Paid Distribution by Other Classes of Mail Through the USPS (e.g., First Class Mail®) 0
c. Total Paid Distribution (Sum of 15b (1), (2), (3), and (4)) 10
d. Free or Nominal Rate
Distribution (By Mail and Outside the Mail)
(1) Free or Nominal Rate
Outside-County Copies included on PS Form 3541 O (2) Free or Nominal Rate
In-County Copies Included on PS Form 3541 1 (3) Free or Nominal Rate Copies Mailed at other Classes Through the USPS (e.g., FirstClass Mail) 0 (4) Free or Nominal Rate
Distribution Outside the Mail (Carriers or other means) O
e. Total Free or Nominal Rate
Distribution (Sum of 15d (1), (2), (3), and (4)) 1
f. Total Distribution (Sum of 15c and 15e) 10
g. Copies not Distributed (See Instructions to Publishers #4 (page #3)) 2
h. Total (Sum of 151 and g) 12 i. Percent Paid (15c divided by 151 times 100) 90
17. Publication of Statement of Ownership: Publication required. Will be printed in the 09/28/2016 issue of this publication.
18. Signature and Title of Editor, Publisher, Business Manager or Owner.
/s/ Steve Strickbine
Steve Strickbine, Publisher Date 10/04/2017
I certify that all information furnished in this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/ or civil sanctions (including civil penalties).
Published in the West Valley View, and the West Valley Business on October 4, 2017.
